Mo. River Conservation Districts Council Issues Public Comment on FEMA Notice

WASHINGTON, Dec. 24 -- Laura Kiehl, chairman of the Missouri River Conservation Districts Council, has issued a public comment on the Federal Emergency Management Agency notice entitled "Request for Information on the National Flood Insurance Program's Floodplain Management Standards for Land Management and Use, and an Assessment of the Program's Impact on Threatened and Endangered Species and Their Habitats". The comment was written and posted on Dec. 21, 2021:

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The Missouri River Conservation Districts Council (MRCDC) is a collaboration of the 15 conservation districts bordering the Missouri River in Montana. We were organized to assist conservation districts and landowners with resource decisions along the Missouri River from its headwaters in Gallatin County to the North Dakota border in Richland County. Montana is the first state in the entire 10-state Missouri River basin to organize and fund a grassroots entity focused solely on the Missouri River basin. Through this council, conservation districts and their constituents are provided a unified front and collective voice when addressing natural resource issues, opportunities, and challenges associated with the Missouri River watershed.

Regarding the Federal Emergency Management Agency's (FEMA) request for information on the National Flood Insurance Program's Floodplain Management Standards, there are four points we want to make comments on.

1. Stream restoration projects enhance aquatic and riparian habitat that are critical to many threatened and endangered species.

Improvement of streams with stream restoration projects improve aquatic and riparian habitat critical to many threatened and endangered species. Montana is home to six federally listed threatened species and five endangered species. Many of these listed species in Montana rely on waterways and riparian habitat for survival. Being able to improve floodplains and the riparian area where needed is essential to these species' survival.

2. Current Federal Floodplain Regulations are a one size fits all.

Large rural areas should have additional regulatory options that complement restoration project permitting and completion. Large landowners are stewards of the land. Stream restoration projects that can be contained on one parcel of land should be considered in the regulation.

3. Current floodplain regulation is very rigorous, and the engineering analysis can be very expensive and time consuming, for stream restoration projects/ Projects are being downscaled, delayed, or even abandoned.

Conservation districts pride themselves in the great work they support in helping keep natural resources at their best for agriculture, wildlife, recreation, and communities of Montana. Part of this work includes stream restoration projects. A couple examples in the Helena, Montana area of recent stream restoration projects that were downscaled or delayed because of the added expense of the engineering analysis include one on Prickly Pear Creek which was delayed several months and downscaled substantially to compensate for the added $10,000 in engineering analysis for the floodplain permit. The second project on Seven Mile Creek was delayed over a year to raise the $50,000 required for the permit engineering fees. Both projects were designed to improve/restore aquatic and riparian habitat critical to endangered species. Numerous other smaller restoration projects have been abandoned statewide for lack of funding to pay for the rigorous engineering analysis required by the flood plain permit. More intense projects have been considered, but after trying to work through FEMA's regulations to get permitted for the work, they are dropped as projects. The regulation and current permitting process is too cumbersome and expensive for landowners.

4. The Montana Stream Restoration Committee (consisting of numerous governmental and nongovernmental organizations) was formed to try to identify viable alternatives to existing regulation but still meet statutory obligations. FEMA's participation on this Committee would enhance those efforts.

A Stream Restoration Committee was formed to try and identify viable alternatives to conduct floodplain work while satisfying current, costly FEMA regulations. Conservation District representation, including individuals from MRCDC, are involved with this committee as the work that is done in floodplains, streambanks, and streams are critical to Montana and relates directly with part of Conservation Districts mission. Again, the complex, detailed, involved process of FEMA regulations and the costs associated with these are preventing on the ground floodplain, streambank, and stream restoration projects in Montana and legislators wanted to address this problem and to try and find a solution. Montana legislators, during the Montana 2021 Spring Legislative session, passed almost unanimously SJR6 (attached), a resolution asking FEMA to work with the Stream Restoration Committee to identify and implement ways to streamline floodplain permitting for restoration projects. In addition to changes in the process, FEMA's participation in the Montana Stream Restoration Committee would be a good first step in identifying potential changes. The changes could compliment restoration project development that improve or create habitat for threatened or endangered species in Montana, but also complement restoration project development at a national scale. This is not just a Montana problem. We are aware of similar problems in other states. FEMA's Region 10 did issue a memo that helped alleviate permitting problems for stream restoration projects for states in its region. Unfortunately, it was recently rescinded.

In summary, FEMA's current flood plain permit standards for restoration projects needs to be modified to reduce the required expensive engineering analysis. This expense has caused restoration projects that are of benefit to streams and floodplains be downscaled, delayed, or even abandoned. This results in reduction or elimination of habitat features that are critical to threatened and endangered species.

Sincerely,

Laura Kiehl, Chairman

Missouri River Conservation Districts Council

cc:

Senator John Tester

Senator Steve Daines

Representative Matt Rosendale

Governor Greg Gianforte

Montana Department of Natural Resources

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The notice can be viewed at https://www.regulations.gov/document/FEMA-2021-0024-0001

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